The
sixth meeting of the UN Informal Consultative Process on Oceans and the
Law of the Sea (UNICPOLOS-6 or Consultative Process) opened on Monday, 6
June 2005, at UN headquarters in New York. Delegates convened in a
Plenary session in the morning and afternoon, addressing organizational
matters and exchanging views on areas of concern and actions needed. In
the afternoon, a Discussion Panel on fisheries and their contribution to
sustainable development was held.

PLENARY

OPENING: Co-chair Philip
Burgess (Australia) opened the meeting, noting the two discussion panel
issues relate to the Millennium Development Goals (MDGs). Underlining
that this meeting is the last of the three year period for which the
Consultative Process has been extended, he raised a number of questions
on its future.

Co-chair Cristián Maquieira (Chile) stated that the issue of fisheries
has taken an increasingly important role because of their impact on
sustainable development.

MEXICO
proposed to amend the agenda to indicate that the Consultative Process
will suggest “issues” rather than “recommendations” to the General
Assembly. Delegates adopted the agenda (A/AC.259/L.6) with the proposed
amendment.

EXCHANGE OF VIEWS ON AREAS OF CONCERN AND ACTIONS NEEDED:
ICELAND prioritized full implementation of
existing global instruments and called for local and regional solutions
to oceans resources management, rather than additional global
instruments. He proposed strengthening regional fisheries management
organizations (RFMOs), adding that each should decide on the modalities
of its own performance assessment. He highlighted the importance of
sustainable fisheries capacity building in Iceland’s development aid
policy.

CANADA
emphasized: integration of fisheries into the new oceans agenda;
institutional coordination inside and outside the UN system; capacity
building needs of developing countries; and coherence with other fora,
such as the Convention on Biological Diversity Working Group on
Protected Areas. On the future of UNICPOLOS, she called for its
continuation and a better reflection of its discussions in the report to
the General Assembly.

The US
noted the challenge of moving from negotiation to implementation and
said key areas need to be addressed, including: an ecosystem approach to
conservation and management of marine resources; control of illegal,
unreported and unregulated (IUU) fishing; overfishing and excess fishing
capacity; lack of capacity of developing States to monitor and control
fishing vessels; and the development of sustainable marine aquaculture.

NEW
ZEALAND said the Consultative Process should be continued, and the
nature of its mandate safeguarded. On high seas biodiversity, she called
on States to cooperate to give effect to the General Assembly’s call for
interim targeted bans on destructive fishing practices in vulnerable
areas, and indicated that her country will promote the combat of IUU
fishing.

AUSTRALIA noted that the high seas are the last great commons, and
stressed that unless all States cooperate in their management, they will
become “deserts.” She stressed the urgent need for implementation of the
UN Fish Stocks Agreement (FSA) and said derelict fishing gear heavily
impacts marine resources, noting the problem remains unresolved at the
regional or international levels.

CHINA
emphasized the role played by small-scale fisheries and aquaculture for
food security and poverty alleviation in developing countries, and
called for increased compliance with existing provisions dealing with
marine debris in international instruments. The REPUBLIC OF KOREA
outlined national legal instruments on sustainable fisheries, including
a Special Act on Reducing Small-Sized Bottom Trawlers and a vessel
buyback programme to reduce the domestic fleet.

To
enhance management within the fishing industry, VENEZUELA noted that it
will launch a registry of fisheries-related data and activities. MEXICO
recalled the need to account for the Millennium Declaration, the
Monterey Consensus, and the JPOI when discussing marine debris.
Underlining the importance to maintain maritime security, INDONESIA
mentioned a joint initiative with the IMO and the Global Environment
Facility on a Marine Electronic Highway to increase the safety of
navigation in the Area. NAMIBIA called for the abolition of subsidies to
the fishing industry and protective trade measures.

NORWAY
underscored the importance of implementing the existing legal framework
for responsible fisheries. Noting that excess capacity is the major
cause of overexploitation, he called for the reduction of fishing
fleets. He said a food security approach should be taken for future
fisheries management and called on States that have not yet done so to
become members to the FSA.

Noting
the role of fisheries in food security, CHILE said urgent steps need to
be taken to regulate high seas fisheries. He listed areas of concerns,
including: IUU fishing; port States' compliance with their conservation
obligations; the definition of the genuine link between flag States and
vessels; and fishing subsidies. PERU highlighted the links between
fisheries and poverty reduction, food security, and economic
development, calling for new financial resources and greater
international cooperation in developing relevant human and institutional
resources.

The
INTERNATIONAL LABOUR ORGANIZATION called attention to recent
developments in the protection of living and working conditions at sea,
and welcomed suggestions on how UNICPOLOS can help enhance the
ratification and implementation of international maritime labor
standards. The INTERNATIONAL MARITIME ORGANIZATION (IMO) noted the
globalization of shipping services, and reported on the IMO Voluntary
Member State Audit Scheme aimed to promote flag States’ accountability.
The UNESCO INTERNATIONAL OCEANOGRAPHIC COMMISSION (IOC) highlighted its
work on: the tsunami early warning system in the Indian Ocean;
scientific aspects of using indicators for an ecosystem approach to
fisheries management; and the IOC Criteria and Guidelines on the
Transfer of Marine Technology. The EUROPEAN COMMISSION stressed the need
to implement the existing legal regime for the sustainable management of
fisheries and outlined reforms undertaken within the EU on this issue.
He called for the creation of additional RFMOs, and underlined
fisheries’ role in poverty reduction and achieving the MDGs.

The WORLD CONSERVATION UNION (IUCN) outlined her organization’s work on
high seas governance, and listed challenges to sustainable fisheries,
including high seas bottom trawling, and the lack of measures to control
shark fishing and of scientific information. THE INTERNATIONAL COMMISSION FOR THE CONSERVATION OF
ATLANTIC TUNAS indicated that his
organization’s measures to combat IUU fishing have shown encouraging
results.

The
SEA TURTLE RESTORATION PROJECT called for a temporary moratorium on
longline fishing in the Pacific. CONSERVATION INTERNATIONAL, on behalf
of the Deep Sea Conservation Coalition, outlined steps towards restoring
fisheries to sustainable levels: controlling unregulated deep sea
fishing to protect biodiversity; adopting conservation and management
measures, as well as an interim prohibition of high seas bottom
trawling. On behalf of a tripartite coalition, SIERRA CLUB called for
the application of the precautionary principle to reduce activities that
create intense submarine noise until effective guidelines on marine
noise pollution are developed.

The
INTERNATIONAL TRANSPORT WORKERS FEDERATION highlighted circumstances
that contribute to IUU fishing, including human rights violations in the
fishing industry. Underscoring the need to ensure flag Statesï¿½
compliance with international regulations, GREENPEACE, on behalf of a
group of NGOs, stressed the importance of considering the social
dimension of sustainable fisheries, such as the respect for human rights
in the fisheries sector.

DISCUSSION PANEL ON FISHERIES AND THEIR
CONTRIBUTION TO SUSTAINABLE DEVELOPMENT

David
Balton, Deputy Assistant Secretary for Oceans, International
Environmental and Scientific Affairs, US Department of State, presented
a report on the outcome of the fourth round of informal consultations of
States parties to the FSA, noting that 52 States are currently parties
to the agreement. He indicated that the consultations focused on
preparing for a review conference tentatively scheduled to take place
from 22-26 May 2006 at the UN Headquarters in New York. Balton
underscored the importance of using this opportunity to review the
conservation and management of straddling and highly migratory fish
stocks and to strengthen the implementation of the FSA.

In
ensuing discussions, the COALITION FOR FISHERIES ASSOCIATION enquired
about possible reasons for the low participation to the FSA. Barton
responded that a few provisions cause concern for some countries, but
also stressed that a number of States are working towards ratification.

Lori
Ridgeway, Director-General, International Coordination and Policy
Analysis, Fisheries and Oceans, Canada, reported on the Conference on
the Governance of High Seas Fisheries and the FSA, Moving from Words to
Action, and its outcomes, namely a ministerial declaration and chairsï¿½
reports of presentations and workshops. Ridgeway said the conference
highlighted, the need to modernize RFMOs and their decision-making
process to: include ecosystem considerations; enhance their
transparency; and use best available scientific information. The
conference also underscored: the need to urgently complete trade
negotiations on fisheries subsidies; the possibility of negotiating a
legal instrument on port State obligations; and the possibility for the
General Assembly to decide the appropriate forum to elaborate on the
legal definition of the genuine link between flag States and vessels.

Serge
Garcia, Director of Fisheries Resources Division, Food and Agricultural
Organization, provided an overview of the 2004 Report on the State of
Marine Fisheries, noting that conclusions will be different when
fisheries are considered as a whole. He listed statistics on the
value of the worldï¿½s fish trade, and global fleet size, and highlighted
capture-based aquaculture as one of the major new issues affecting
fisheries. He furthered that the majority of stocks are overfished and
overexploited, pointing to tuna stocks as the primary example. Among
actions required to mitigate fish stock decline, he highlighted a
stronger commitment towards an ecologically sustainable future, as well
as more responsible governance and industry. He noted that in order to
be effective an ecosystem approach must be applied to all sectors.

As
exchange of views on the two areas of focus of UNICPOLOS-6 commenced,
participants anticipated that fisheries will have the lionï¿½s share in
the upcoming discussions. Some noted the link between fisheries and
other related, ongoing processes, such as the meeting of the CBD working
group focusing on high seas marine protected areas, lamenting its
overlap with next weekï¿½s second GMA international workshop. Others
pointed out that the discussion panel on fisheries allows for a
transition from UNICPOLOS-5ï¿½s focus on new sustainable uses of the
oceans to some of the emerging challenges in relation, this time, to
more traditional uses. Indeed, some participants reiterated calls for
action on the need for a genuine link between flag States and vessels,
bottom trawling, and high seas biodiversity. With presentations on the
alarming state of fisheries worldwide adding to the feeling of dï¿½jï¿½
vu, NGO representatives hoped that delegates would not miss this
opportunity to turn words into action.

This issue of the Earth
Negotiations Bulletin ï¿½
<enb@iisd.org>
is written and edited by
Alice Bisiaux, Robynne Boyd,
Elisa Morgera, and Cecilia
Vaverka. The Digital Editor
is Dan Birchall. The Editor
is Pamela S. Chasek, Ph.D. <pam@iisd.org>
and the Director of IISD
Reporting Services is
Langston James ï¿½Kimoï¿½ Goree
VI <kimo@iisd.org>.
The Sustaining Donors of the
Bulletin are the
Government of the United
States of America (through
the Department of State
Bureau of Oceans and
International Environmental
and Scientific Affairs), the
Government of Canada
(through CIDA), the Swiss
Agency for Environment,
Forests and Landscape (SAEFL),
the United Kingdom (through
the Department for
International Development -
DFID), the Danish Ministry
of Foreign Affairs, the
Government of Germany
(through the German Federal
Ministry of Environment -
BMU, and the German Federal
Ministry of Development
Cooperation - BMZ), the
Netherlands Ministry of
Foreign Affairs, the
European Commission (DG-ENV),
and the Italian Ministry of
Environment. General Support
for the Bulletin
during 2005 is provided by
the United Nations
Environment Programme (UNEP),
the Government of Australia,
the Austrian Federal
Ministry of Agriculture,
Forestry, Environment and
Water Management, the
Ministry of Sustainable
Development and the Ministry
of Foreign Affairs of
Sweden, the Ministry of
Environment and the Ministry
of Foreign Affairs of
Norway, the Ministry of
Environment and the Ministry
of Foreign Affairs of
Finland, SWAN International,
the Japanese Ministry of
Environment (through the
Institute for Global
Environmental Strategies -
IGES), and the Japanese
Ministry of Economy, Trade
and Industry (through the
Global Industrial and Social
Progress Research Institute
- GISPRI). Specific funding
for coverage of this meeting
has been provided by the New
Zealand Ministry of Foreign
Affairs and Trade. Funding
for translation of the
Earth Negotiations Bulletin
into French has been
provided by the
International Organization
of the Francophonie (IOF)
and the French Ministry of
Foreign Affairs. Funding for
the translation of the
Earth Negotiations Bulletin
into Spanish has been
provided by the Ministry of
Environment of Spain. The
opinions expressed in the
Earth Negotiations Bulletin
are those of the authors and
do not necessarily reflect
the views of IISD or other
donors. Excerpts from the
Earth Negotiations Bulletin
may be used in
non-commercial publications
with appropriate academic
citation. For information on
the Bulletin,
including requests to
provide reporting services,
contact the Director of IISD
Reporting Services at <kimo@iisd.org>,
+1-646-536-7556 or 212 East
47th St. #21F, New York, NY
10017, USA. The ENB Team at
ICP-6 can be contacted by
e-mail at <alice@iisd.org>.